Frequently Asked Questions About the ACLU
Q: What is the ACLU?
A: The American Civil Liberties Union is the most successful civil liberties, lobbying, communications and law organization in the United States. Since 1920, this non-profit, non-partisan organization has been dedicated to defending and expanding the civil liberties of all Americans. The ACLU's national structure includes more than 300,000 members, 53 affiliates and 200 chapters, which makes it the nation's foremost advocate of individual rights.
Q: Which rights are defended by the ACLU?
A: The ACLU defends the rights of people to speak freely, to practice the religion of their choice and to be treated equally before the law. In addition, the ACLU defends other fundamental rights of freedom outlined in the Bill of Rights of the U.S. Constitution: the right to be free from unlawful searches and seizures in our homes and offices; the right to a fair trial and to legal representation; and, the right to be free from cruel and unusual punishment.
Q: How does the ACLU work?
A: The ACLU works primarily in three ways: through the courts, in the legislatures and through public education. A dedicated team of lawyers, lobbyists and communications and organizing specialists is always on call, making the ACLU a one-stop "do it all" civil liberties organization.
Q: How does the ACLU decide which causes to defend?
A: Because the ACLU has a limited budget and staff, it is impossible to represent every person whose civil liberties have been violated. Instead, the organization tries to select cases which will impact the greatest number of people - those cases which have the potential to break new ground or establish new precedents to strengthen the freedoms all of us enjoy. The ACLU has represented African-Americans and Latinos who were denied their right to vote; it has represented the elderly and children denied their constitutional rights; it has represented workers denied their right to organize into unions; it has represented journalists who refused to reveal their confidential sources; and, it has represented teachers and others illegally fired from their jobs because they were gay or lesbian.
Q: Isn't the ACLU a left-wing organization?
A: No! In fact, the ACLU is in many ways our nation's most conservative organization. Because our job is to conserve America's original civic values - the Constitution and the Bill of Rights. Historically, we have agreed with conservatives on some issues and with liberals on others. For example, we worked with the National Rifle Association to defeat a proposal by the Federal Bureau of Investigation that would expand wiretapping authority. In Utah, the ACLU teamed with Phyllis Schafly to defeat a proposal for a "smart card" that would have carried information on everything from a person's shoe size to their medical history. The ACLU also filed a brief on the right of Oliver North not to incriminate himself when he testified before a congressional committee.
Q: Why does the ACLU defend the rights of groups such as the Nazis or the Ku Klux Klan?
A: Certainly not because the ACLU agrees with the philosophy of these extremist groups! The fact is, however, that within our system of government, our Bill of Rights and our laws should apply equally to all those living in our society. The ACLU works to defend the Bill of Rights- even if that means defending an organization or individual we despise. We believe the best antidote to those who espouse hate is to guarantee everyone's freedom of speech. Ultimately, people of goodwill - through their exercise of free speech - will prevail.
Q: Is the ACLU anti-religion?
A: Of course not! The ACLU defends the Constitution, which guarantees to every American the freedom to practice any religion at all. Religious belief is a personal choice; it should not be coerced in any way by the government. Because the Constitution requires the separation of church and state activities, the ACLU is opposed to government-coerced prayer or any government intrusion into religious matters.
Q: Why does the ACLU seem to care so much about the rights of criminals and those accused of crimes?
A: The ACLU doesn't believe in "going soft" on criminals. The ACLU supports just, reasonable law enforcement, even tough enforcement. However, the organization believes everyone is entitled to a fair trial and all rights of due process guaranteed by the Bill of Rights.
Q: Why does the ACLU concern itself with technicalities in protecting criminal rights?
A:The "technicalities" the ACLU protects are some of the most basic of all our liberties. They come directly from our Bill of Rights. As is so often said in TV crime shows, "You have the right to remain silent, you have the right to an attorney, you must be questioned in the presence of an attorney and if you cannot afford an attorney, one will be provided." Under the U.S. legal system, you are also guaranteed to be presumed innocent until proven guilty. Police and court studies have shown no reduction in the ability to fight crime because basic constitutional rights are accorded to those arrested for crimes. In fact, we're all better off when police "play by the rules" and respect our Bill of Rights.
Q: What about the victims of crime, don't they have rights?
A: Absolutely! The ACLU believes that victims of crime have an entire range of rights available to them, including the right to receive restitution, recover damages in civil actions against criminals and the right to be free from intimidation. In fact, the ACLU has published a handbook on victims' rights.
Q: Is the ACLU really opposed to the Pledge of Allegiance?
A: The ACLU is not opposed to the recitation of the Pledge of Allegiance and encourages honoring our nation's flag. However, the ACLU opposes the government forcing people to recite the pledge. The most genuine patriotism is found in the hearts and minds of the American people. That's why the ACLU is opposed to imposing the symbols of patriotism on people.
Q: Is the ACLU against drug testing in the workplace?
A: Drug abuse is a major problem within the American workplace, just as it is within society at large. But it is both unfair and unnecessary to force millions of Americans who are not even suspected of using drugs to prove their innocence through degrading and unreliable urine tests. Employers have a right to expect sober, competent and safe performances in their work force. The best way to achieve this is through supervision. By the way, the ACLU is not opposed to eye-to-hand coordination tests to gauge an employee's ability to operate dangerous equipment, vehicles or airplanes. And the ACLU believes that competent supervision, professional counseling and voluntary rehabilitation programs may not be as simple as drug tests, but they are a better investment in America.
Q: What is the ACLU's position on abortion?
A: The ACLU strongly supports the right of a woman to a safe and legal abortion and to control privately her own reproductive system. The ACLU believes that personal decisions about family size and quality of life should not be decided for people by government.
Q: The ACLU always seems concerned about minorities. Doesn't the majority have rights, too?
A: For well over 70 years, the ACLU has been on the alert, challenging violations against civil liberties, regardless of who has been victimized. It is a principle of our democratic system that the majority of the people, through elected representatives, governs the country. However, a fundamental principle of American democracy is that even a democratic majority cannot be permitted to tyrannize the minority and restrict individual rights. For example, prior to the Civil War, a majority of U.S. citizens favored slavery. Fortunately the government moved to ensure basic freedoms for all Americans.
Q: The ACLU is opposed to censorship, but aren't there limits to what can be published?
A: The ACLU believes that under our Constitution's First Amendment which guarantees freedom of speech, adults should have the right to read and watch and listen to whatever they choose. The organization is opposed to restraints on what can be published or distributed to adults. Attempts to do so are usually an effort by vocal, well-organized groups to impose their own values on all Americans.
Q: But aren't there limits to free speech? You can't yell "Fire!" in a crowded theatre, can you?
A: No, you cannot falsely yell "fire" and cause a panic. The ACLU recognizes that under some circumstances, limitations must be imposed on speech. But people who use this argument are rarely interested in free speech; they are usually justifying the limiting of speech with which they disagree. As U.S. Supreme Court Justice William O. Douglas observed: "Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-American act that could most easily defeat us."
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